Saturday, 31 December 2016

What conditions should be imposed on accused for returning passport for going abroad during pendancy of case?


Considering the background of the case and the social status of
the applicant, in my view, the following order would sub­serve the interests
of justice :  
i)  The applicant shall give the proposed tour programme to the
Investigating Officer.
ii)  On receiving the proposed tour programme, the Investigating
Officer   shall   return   the   passport   to   the   applicant,
immediately.
iii)   The applicant is permitted to travel to Saudi Arabia.
iv)  In addition to the security given by the applicant as per sthe
order passed by the Additional Sessions Judge, the applicant
shall   furnish   P.   R.   Bond   for   Rs.Fifty   Thousand   and   one
solvent   surety   in   the   like   amount   before   the   passport   is
handed over to the applicant.
v)  After returning from her tour to Saudi Arabia the applicant
shall deposit the passport with the Investigating Officer.
  IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 188  OF 2016
Smt. Shaila Parveen W/o. Dr. Abdul Wahid,

 V
State of Maharashtra,

     CORAM : Z.A.HAQ, J.
    DATED   : APRIL 27, 2016.



1. Heard learned advocates for the respective parties. 
2. RULE.  Rule made returnable forthwith. 

3. The applicant has filed this application under Section 482 of
the Code of Criminal Procedure challenging the order passed by the learned
Magistrate rejecting her application by which the applicant prayed that the
Investigating Officer be directed to return her passport which is deposited in
compliance of the directions given by the Sessions Court while granting bail.
  
The   applicant   is   being   prosecuted   along   with  co­accused   in
Case No.58 of 2015 pending before the Magistrate for the offence punishable
under Section 498­A and 34 of the Indian Penal Code.  The applicant is sister
of husband of the complainant.  The applicant is married to Dr. Abdul Wahid
who is permanent resident of Hajipur, Post : Ghosipur, District : Meerut (U.P.)
who   at   present   is   working   as   Assistant   Professor   in   Jazzaan   University,
Kingdom of Saudi Arabia.  The applicant is pursuing her Ph.D. in Electrical
Engineering   Department,   Jamia   Milia   Islamia   (Central)   University,   New
Delhi.
4. While granting pre­arrest bail, the learned Additional Sessions
Judge directed the applicant to deposit her passport with the Investigating
Officer   and   in   compliance   with   the   order,   the   applicant   deposited   her
passport with the Investigating Officer.   As the applicant intends to go to
Saudi Arabia with her daughter to stay with her husband during Summer­
2016 Vacations, the applicant filed application before the Magistrate praying
that   the   Investigating   Officer   be   directed   to   return   the   passport.     This

application is rejected by the impugned order and being aggrieved in the
matter, the applicant has filed the present application.  
5. Considering the background of the case and the social status of
the applicant, in my view, the following order would sub­serve the interests
of justice :  
i)  The applicant shall give the proposed tour programme to the
Investigating Officer.
ii)  On receiving the proposed tour programme, the Investigating
Officer   shall   return   the   passport   to   the   applicant,
immediately.
iii)   The applicant is permitted to travel to Saudi Arabia.
iv)  In addition to the security given by the applicant as per sthe
order passed by the Additional Sessions Judge, the applicant
shall   furnish   P.   R.   Bond   for   Rs.Fifty   Thousand   and   one
solvent   surety   in   the   like   amount   before   the   passport   is
handed over to the applicant.
v)  After returning from her tour to Saudi Arabia the applicant
shall deposit the passport with the Investigating Officer.
    Rule is made absolute in the above terms. 

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